Woman Sues Over Excessive Perfume

[allison443]

You are missing the point--I realize it was a serious burn but the point is she was STUPID to put the cup there in the first place--it's called personal responsibility. Where is HER fault in this case. A reasonable person KNOWS coffee is hot.

The jury's verdict found the plaintiff to be 20% responsible for the incident, and her compensatory damages were reduced by that amount. The largest amount of damages awarded by the jury (later reduced on appeal) was actually punitive damages against McDonalds.

 

[Heidict]

I really have to wonder if the coworker was aware of this person having a problem with the perfume she was wearing. I would think that it would not have gotten to the point of a lawsuit with her knowing about it. We all know how it is in an office, more then the smell of perfume gets around pretty quick.

I have a coworker that has allergies to oranges, even the smell can make it difficult for him to breath. A fellow coworker, who sits in a cubicle catty-corner to the allergic person knows all about this allergy. She just doesn't care. She has been told by a supervisor to not bring in fresh oranges and open them at her desk. Still, she does is. She could care less if this person has to run out into the hall to breathe. Some coworkers are mean and selfish and I wonder if the person suing in this case was dealing with someone like that.

 

[Wishing on a star]

Yes, I think it is obvious that she WAS dealing with 'somebody like that'.

It sounds like this was ongoing over a period of time...
There is simply NO way that the co-worker did not know.

I am SO glad that this lady won this suit, and that they FINALLY decided to institute a policy.

I wish I had the gumption to sue our school system... They let teachers with rooms full of innocent children use scents, candles, etc... My son, who does have allergies and also sensory-integration issues, had a 2nd grade teacher who constantly used scent candles in her room....

 

[DisneyAndRedSox]

Just an FYI... I noticed a lot of people here are saying they are sensitive to scents. I developed an 'allergy' to scents in the last 5 years out of the blue (makes my throat very scratchy). I found out that I can still wear products made with essential oils as the fragrance. I thought I couldn't wear anything from Bath and Body Works anymore, turns out I can use the aromatherapy line since it has essential oils. Maybe this will help someone!

Oh, and I used to work in HR... it is crazy this ended up in a lawsuit and should have been resolved long before the courtroom!

 

[siouxi31]

I hate lawsuits over every little thing too but I'm glad this is being made public.

My MIL has MCS (Multiple Chemical Sensitivity) which is a subjective ailment. She's allergic to all synthetically created fragrances which means not only perfume but also most products such as laundry detergent, fabric softener, soaps, air fresheners, deodorant, make-up, lotions, candles, shampoo, conditioner, hairspray, dishsoap, etc.

We stopped using many of these products years ago due to her issues. Our candles are unscented, cleaning products boil down to vinegar, lemons and baking soda, and we try to buy anything fragrance free. Sadly, even fragrances that are not synthetic are beginning to bother her. This could be pschosematic (sp?) but I can't blame her for being gun-shy when she smells something now. Her skin turns red, ears begin to swell, she gets a headache and can't breathe.

My kids are in their teens and like to use cologne. Since my MIL is now nearly bed-ridden due to emphysema, asthma, and bone-density issues, I've let the kids use cologne. It may seem to you like an odd choice but what I'm saying is that she doesn't come over to our house anymore. I can't tell you how unsuccessful I've been in getting the cologne to wash out of the kids clothes. My record is washing them 3 times in a row and still not getting out the cologne. Either our natural laundry detergent is not effective or that cologne just imbeds itself to a point where it's very noticeable by us because of not having scented products around for so long. We actually buy new Tshirts untainted by cologne if the kids go to visit her.

In some sense I've hi-jacked this thread but it had such a great audience with people who have allergies to cologne that I thought it would be a good venue to raise this awareness.

The worst place of all for a person with this sensitivity (other than the perfume counter at a department store) is the hospital or doctor's office. Every time my MIL go there, she gets more sick because of the number of people who use fragranced items. There are specific instructions that they need to follow--no perfume, perfumed soap, etc. Inevitably, someone uses something fragranced. I can't blame them, everything that's sold seems to be fragranced these days and it's so tempting to smell good.

My heart goes out to all of you with this allergy because this problem is not being taken seriously yet.

 

[MIGrandma]

Someone mentioned the doctor's office, I remember about 3 years ago I took my Dad to the doctor for his yearly checkup because my Mom was busy. There was a sign posted on the door about "no scents, perfumes, colognes, etc." Dad wasn't wearing cologne and I don't wear fragrances anymore, so I knew we were okay.

But. What about someone who had an appointment and didn't know about the policy? Or they, like me, were there not to see the doctor themselves but to bring someone else who needed to and they were bathed in perfume or cologne? What are they supposed to do? Not keep the appointment? Go in anyway? I kind of think that would be almost impossible to enforce.

I mean, working in an office with the same people day after day it would be much easier to enforce that type of policy. But in a doctor's office with people coming and going, and pharmacy reps, delivery people, etc. how can they really enforce it?

 

[trip]

There's nothing wrong with a little fragrance that people can smell when they are up close. However, if people comment on how you smell from several feet away - you are wearing too much fragrance!

I totally agree!! I used to tell my DD's that if I can smell you before I see you - you have too much perfume on!!!

 

[declansdad]

edit: the mcdonald's story that you are commenting on. It was not just a scald, it was a burn. I would be more disgusted in the guy who sued because of the pickle burning the roof of his mouth. Or the lady who sued the dealership because she assumed that cruise control was autopilot on her rv and went in the back to make a sandwich.
http://www.lectlaw.com/files/cur78.htm

That is the first one I pulled up. I am pretty sure I read somewhere that they had been cited for it being too hot a few times prior to this case.

McDonalds admitted to heating the coffee to 180 degrees because they knew people didn't drink it right away. That temperature is about 50 degrees hotter than coffee you make at home. In in fairness to the woman, she only asked for her medical bills to be covered and McDonalds offered her $800.

 

[declansdad]

From what I've read, she was a city employee and now all city employees are being "urged" not to wear anything perfumed including lotions (body and hand), colognes, scented deodorants and the like. I mean really, no magazine with perfumed inserts either? Geesh!

Im sorry, but when will this stop. There is always something that will bother someone, we are all going to have to live like robots to "protect" everyone else. Ridiculous!


http://abclocal.go.com/wjrt/story?section=news/state&id=7330627

All of our public offices and many private companies here have scent-free policies. Doesn't seem to bother anyone.

 

[declansdad]

You are missing the point--I realize it was a serious burn but the point is she was STUPID to put the cup there in the first place--it's called personal responsibility. Where is HER fault in this case. A reasonable person KNOWS coffee is hot.

A reasonable person believes coffee to be hot but not hot enough to cause 3rd degree burns.

 

[disykat]

Someone mentioned the doctor's office, I remember about 3 years ago I took my Dad to the doctor for his yearly checkup because my Mom was busy. There was a sign posted on the door about "no scents, perfumes, colognes, etc." Dad wasn't wearing cologne and I don't wear fragrances anymore, so I knew we were okay.

But. What about someone who had an appointment and didn't know about the policy? Or they, like me, were there not to see the doctor themselves but to bring someone else who needed to and they were bathed in perfume or cologne? What are they supposed to do? Not keep the appointment? Go in anyway? I kind of think that would be almost impossible to enforce.

I mean, working in an office with the same people day after day it would be much easier to enforce that type of policy. But in a doctor's office with people coming and going, and pharmacy reps, delivery people, etc. how can they really enforce it?

I agree with you that it would be hard to have this policy in a doctor's office. I have to say though, that I once went to the doctor for my ankle and had an asthma attack from the nurse's perfume!

 

[a1tinkfans]

No kidding, these lawsuits are just so far out of hand, I mean, if you are not smart enough to know that if you put a cup of coffee between your legs while driving is a stupid idea.....

Okay, how about trying to break into a home then falling thru the skylight and suing the Homeowner for faulty construction and Winning.$$...
The "theory" was that the cost to litigate it was too much so they all settle instead....the list goes ON and on....And JURIES award the $$$..ya know, people like You and me...so I guess its a SAD reflection on us??

 

[cdepauli]

Nope. This was brought up on another discussion board. For the longest time I thought it was frivolous until read the facts. It changed my mind entirely. That discussion board is now dead, I can find it on wayback machine but getting to the actual thread is near impossible.

I TOTALLY agree with this. The McDonald's case was won entirely on merit and I hate that it is pulled into the frivolous lawsuit arena. She sued for SIGNIFICANTLY less than 1 million, but the JURY was so appalled at McDonald's that they AWARDED her that much. People should really read the case law on that one before commenting on it.

ETA Yes, the amount was reduced after appeal.

 

[portocall]

I didn't realize that so many people had reactions to scents before. I don't wear perfume very often, so I shouldn't be offending to people though. I think it is a shame that this had to be a lawsuit at all. She really should have been moved away from the offender at the least, way back at the beginning.

I do have a coworker who is sue crazy though. All she ever talks about is her lawyer and what he is doing. Drives me bonkers. At the moment she is sueing her neighbor for calling her an illegal (she isn't... but still) and a major store chain because she slipped on a soap spill. If the injury she claimed she got didn't occur before the slip, I might think differently about it, but when she invited herself over to my house for a birthday party I was having for one of my kids (she has one his age) I had to tell her she wasn't welcome. We have several areas with step up's and down's and I told her my homeowners policy wasn't good enough to have her over. Since then, she hasn't brought any new lawsuits up to me though, shame I still have to hear about the others though.

 

[Lassie Lynne]

Regarding the amount: Some Migraine medicine is very very expensive, depending on what kind of insurance you have. One of my shots that I take to end a migraine (and I have tried all of the pills) is over $100!!! That is ONE shot. Thankfully, we have good insurance and they pay, but I still have to pay for the co-pay. I spend about $200 a month on prescriptions to manage my migraines. That does not even start to include all of the hospital bills for emergency care, doctors bills, etc. just to get to the point where I could work again.

So coming from someone who has had to end her work and take over a year to get better and pay a lot of money out, $100,000 really doesn't seem too excessive.

 

[sasywtch]

From what I've read, she was a city employee and now all city employees are being "urged" not to wear anything perfumed including lotions (body and hand), colognes, scented deodorants and the like. I mean really, no magazine with perfumed inserts either? Geesh!

Im sorry, but when will this stop. There is always something that will bother someone, we are all going to have to live like robots to "protect" everyone else. Ridiculous!


http://abclocal.go.com/wjrt/story?section=news/state&id=7330627

I have to disagree with you. 5 years ago I would have said the same thing but my guy friend at work was sent to the hospital in an ambulance after a coworker spread scented lotion all over. It's called Chemical Sensitivity and is NOT a fun thing to have. One day he was fine and the next, his body reacted badly. His lungs felt like they were burning, he couldn't breathe and at that time, it lasted 2 weeks. Now if he comes into contact, maybe a day and not so badly. I have not worn cologne for 5 years, unscented deodorant, unscented laundry soap, dryer sheets, candles.

This is becoming more prevalent and making me wonder just what are these companies putting into these products. They had new carpeting put in at work and they had to move him and another coworker to another building for 2years until the glue smell went away. The doctor's at Kaiser are doing more studies as they are seeing more and more patients for this.

The boss probably unknowingly thought as most people would,that it was just an irritation however, the government in CA must adhere to any complaints and react to them and not ignore. Most people in our building are very good about it as they know but there is the maybe one or two who wear perfume you can smell 2 miles away and think they smell good and too bad if it burns someone's lungs attitude. My thought is, if more and more are getting this ailment, makes me wonder what is in these products lately. The smells aren't natural, they have enhancements that make them smell that way.

 

[disneylove69]

My neighbor gets migraines because of perfume (excessive amounts). She said the pills she has to take for them are $25/each. She has problems even going to the mall. Not so much for the people she might encounter but the stores. I'm not sure how I feel about this though. Perfume isn't a requirement and if it causes that much pain something should have been done. $100,000 is a lot though. I guess it must be considered a form of assault. It's the only thing that makes sense. I would seriously love to read an article to see more.

edit: the mcdonald's story that you are commenting on. It was not just a scald, it was a burn. I would be more disgusted in the guy who sued because of the pickle burning the roof of his mouth. Or the lady who sued the dealership because she assumed that cruise control was autopilot on her rv and went in the back to make a sandwich.
http://www.lectlaw.com/files/cur78.htm

That is the first one I pulled up. I am pretty sure I read somewhere that they had been cited for it being too hot a few times prior to this case.

I get migranes from fragrance also and always seem to get the lady in front of me on the plane who bathed in it. I just turn the air on to high and hope it's a quick flight. I have said something to coworkers if I know we will be close doing a project and let them know my medical condition and they have always been accomidating.

Regarding the McD's lawsuit. What part of "HOT" coffee did the lady not understand. Because of her I know get luke warm coffee at Starbucks. You don't drive and have a hot cup inbetween your legs.

 

[mhsjax]

All of our public offices and many private companies here have scent-free policies. Doesn't seem to bother anyone.

It would bother me. I don't wear a ton of it, just a little, but I love my perfume. Sorry, but I would have to find somewhere else to work. I don't know of any places where I live that have that policy.

 

[Christine]

I don't get headaches from fragrances, but if they are very strong, I will feel like I'm going to have an allergic reaction (much like my allergies to cats). If the perfume is very light, I'm okay with it. If it is heavy and I'm trapped in a closed space, I have a problem with it.

 

[mhsjax]

I don't get headaches from fragrances, but if they are very strong, I will feel like I'm going to have an allergic reaction (much like my allergies to cats). If the perfume is very light, I'm okay with it. If it is heavy and I'm trapped in a closed space, I have a problem with it.

I am the same way, I can't stand heavy perfume, it seems like a lot of older women wear tons of it. It is even worse when someone is trying to cover up the fact that they have been smoking, Double whammy. YUCK.

But to live my like with unscented everything would be horrible for me, I love things that smell. But not an overwhelming smell.

I agree with another pp. I have to wonder why know people are like this, same with food allergies, years ago you didn't hear of this very often. There wasn't one person that I knew that had food allergies when I was growing up or allergies to chemicals. Makes me wonder what is going on.